South Africa

SARPAM has not been requested to support the country with a workshop on TRIPS and Access to Medicines.

According to the 2012 Musungu report, the country does allow for parallel import (International exhaustion (S.45 (2)), and has a Bolar clause (S. 69A). It allows for compulsory licenses on the grounds of abuse, non-working, and excessive price.

The main problem threatening future Access to Medicines is that the Patent office has not been substantially assessing pharmaceutical patent applications, and as a consequence has been granting all patent applications that are being requested.

The government has issued a draft national IP policy which aims to address some of these problems.

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